사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Plaintiff asserted that C, who bears the obligation of KRW 35 million against itself, donated cash of KRW 45 million to the Defendant, who is the wife, on January 21, 2013, and that the Defendant purchased KRW 1007,000 with the financial resources of the Defendant, and sought the cancellation of the said cash donation and its restoration to its original state.
According to the evidence Nos. 1 and 2, the Plaintiff lent KRW 35 million to the Defendant on August 16, 2013, and the Defendant purchased the above real estate on January 21, 2013 and completed the registration of transfer under the Defendant’s name on February 28, 2013 is recognized.
However, the right to revoke the fraudulent act should have been established at the time of the fraudulent act. However, the right to claim against C, the preserved claim of the Plaintiff, was established after the fraudulent act alleged by the Plaintiff, and even if the existence of the preserved claim is recognized, there is no evidence to acknowledge that C donated cash of KRW 45 million to the Defendant. Thus, the Plaintiff’s claim for revocation of the above fraudulent act is groundless.
Therefore, the plaintiff's claim is dismissed. It is so decided as per Disposition.